Thursday, January 28, 2021
announced that it had concluded its mediation pilot program.
The announcement, issued on January 27, 2021, referred to the mediation pilot as a “six-month” pilot program announced in July 2020. The press release did not acknowledge that only three weeks earlier, on January 6, 2021, the agency issued a press release stating the EEOC’s mediation pilot had been extended through September 30, 2021.
The EEOC’s mediation pilot had expanded categories of charges eligible for mediation in July 2020. (For details, see our article,
EEOC Looks to Increase Early Resolutions With Pilot Conciliation, Mediation Programs.) Historically, EEOC mediations were limited to the very early stages of the EEOC process, and EEOC enforcement personnel could keep a charge from mediation after determining the charge raised issues of class or systemic discrimination or raised novel claims. In the pilot program, the EEOC promised to send a charge to the mediation
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Friday, January 15, 2021
On January 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued “Opinion Letter: Older Worker Benefit Protection Act,” which clarifies that United States employers need not include non-U.S. citizen employees working outside of the United States as part of a “decisional unit” in the disclosure schedules attendant to waivers of age claims covered by the Older Workers Benefits Protection Act (OWBPA). This formal Opinion Letter represents the official position of the EEOC and provides a defense for employers who rely on its terms. 29 C.F.R. §§ 1626.21.
Disclosure schedules are hallmarks of the OWBPA, an amendment to the Age Discrimination in Employment Act (ADEA) that imposes specific requirements for waivers of federal age discrimination claims by workers age 40 or older in order for such waivers to be “knowing and voluntary.” 29 U.S.C. § 626(f). When a waiver is part of a group termination or exit incentive program
Legal Disclaimer
You are responsible for reading, understanding and agreeing to the National Law Review s (NLR’s) and the National Law Forum LLC s Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.